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POISINDEXPoison Index (Thompson/Micromedex poison/toxicology resource)
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Under this regime, Micromedex would have a chance to protect its Poisindex against piracy in the United States.
Under this regime, Micromedex could protect its Poisindex database from piracy if the pirate copied and exploited a substantial portion of the database's factual content.
Although TRIPS fails to protect non-creative databases, such as Micromedex's Poisindex, it offers several benefits over both the Berne Convention and the WIPO Treaty.
First, TRIPS may leave room for the protection of non-creative databases.(116) Article 10(2) states that even though protection does not extend to the actual data contained in the compilations, it is "without prejudice to any copyright subsisting in the data or material" that a member state may choose to grant protection.(117) Thus, if France, for example, protects non-creative databases under its national copyright law and someone in France copies Micromedex's Poisindex, then Micromedex may enforce the rights specified by French law via TRIPS.
Second, TRIPS supplies a possible mechanism by which a victim of piracy can enforce her rights.(118) This avoids one of the major shortcomings of the Berne Convention and the WIPO Treaty; if the infringing country fails to honor its TRIPS obligations, it could face costly trade sanctions.(119) Thus, if Micromedex's Poisindex fell within the scope of protection under TRIPS and France, a WTO member, failed to protect Micromedex's rights, the United States would have a specific mechanism by which to force France to comply with TRIPS.
In summary, although TRIPS provides the greatest international protection for databases through a multilateral treaty or trade agreement, assuming Poisindex is a non-creative database, even TRIPS fails to offer any protection.
Remedies Each member state is free to determine its remedies for the infringement of the sui generis right.(133) Micromedex's Poisindex certainty falls within the scope of the EU Database Directive.
This addition to POISINDEX provides a searchable database of more than 4,000 slang street drug terms to allow doctors to quickly determine what a patient has taken when they don't know the real name of the drug.